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Kennedy Achieves Milestone
Walter J. Kennedy, Of Counsel attorney with McAnany, Van Cleave & Phillips, is currently celebrating his 50th year as an attorney. He began the practice of law in 1956. He has been associated with MVP since 2001.

Kennedy's years of service to his profession will be recognized by the Kansas Bar Association at their annual awards dinner on June 10, 2006.

12-25-2006

Pittsburgh Attorney Dennis Geis Receives Defense Verdict
Margolis Edelstein received a favorable decision for its client, Apple Vacations, from the United States Court of Appeals for the Third Circuit. D.J. Geis from the Pittsburgh office represented Apple Vacations in a case filed by a customer who sustained injuries while vacationing in Mexico. The vacationer was injured on a jet ski and sued Apple Vacations and the local travel agent on various theories, including negligence, breach of contract, fraud and violations of Pennsylvania's consumer protection law. The crux of Plaintiff's case was that Apple Vacations owed the vacationer some duty to provide safety warnings, specifically about jet ski operations. Plaintiffs cited a report from the US State Department which, among other things, warned travelers of the dangers associated with operating a jet ski in Mexico.

The United States District Court for the Western District of Pennsylvania granted a motion to dismiss and dismissed all claims against Apple Vacations, finding there was no duty to warn. Plaintiffs appealed to the Third Circuit. On October 30, 2006, the Third Circuit affirmed the dismissal of the case, in large part adopting the arguments in the briefs prepared by Mr. Geis and Margolis Edelstein. Peter Dunn (Philadelphia) and Miles Kirshner (Pittsburgh) assisted in the defense.

12-25-2006

Joseph A. Starr and Jason M. Shinn Co-Author an Article for State Bar's Labor and Employment Law Notes Publication
Joseph A. Starr, a principal at Lipson, Neilson, Cole, Seltzer & Garin, and an employment law specialist, and Jason M. Shinn, an associate with LNCS&G, recently co-authored an article that appeared in the Fall 2006 edition of the State Bar of Michigan’s Labor and Employment Lawnotes. The article, titled “Employees Beware: The CFAA Provides Employers with a Cause of Action Against Employees Who Destroy Company Digital Data,” describes how the Computer Fraud and Abuse Act (CFAA) may apply to employment litigation. The article goes on to explain the need for employers to develop written policies and “the types of files and information that must be returned to the employer upon termination of the relationship and an exit program to enforce this case.,,, Proactive planning is essential for an employer to obtain the necessary evidence to prove suspected wrongdoing.”

Joseph A. Starr is a principal with Lipson, Neilson, Cole, Seltzer & Garin, P.C., specializing in the defense of Professional Liability (Employment Practices, Attorneys, Architects & Engineers, Accountants, Directors & Officers, Insurance Agents / Brokers and Real Estate Brokers) claims, commercial litigation and insurance coverage disputes. Mr. Starr regularly counsels businesses with regard to workplace violence, unemployment claims, OSHA investigations, EEOC/Michigan Department of Civil Rights charges and Department of Labor wage and hour disputes. Mr. Starr is rated an "A-V" attorney by Martindale-Hubbell and is listed in Best's Directory of Recommended Insurance Attorneys. Joseph A. Starr was also a featured speaker at the State Bar of Michigan Labor and Employment Law Section’s annual meeting, held during the State Bar’s annual meeting in September 2006. Mr. Starr addressed “Employment Practices Liability Insurance: What Every Employment Lawyer Should Know.” Mr. Starr also served as a panelist at the Professional Liability Underwriting Society – Employment Practices & Fiduciary Liability Symposium in April 2006. Mr. Starr spoke on the topic entitled: “Avoiding Potential Conflicts of Interest between Insureds and Defense Counsel.”

Mr. Starr is an active member of the legal community. He is a member of the American Bar Association, the State Bar of Michigan, the Oakland County Bar Association, the Defense Research Institute and the Professional Liability Underwriters Society.

Jason M. Shinn is an associate with Lipson, Neilson, Cole, Seltzer & Garin, P.C., and concentrates his practice on issues involving business torts, real estate and construction litigation, professional liability defense, employment practices defense and trade secret litigation. Mr. Shinn also has extensive experience addressing issues concerning electronic data that arise in all litigation, including forensic examinations of hard drives, email, and minimizing spoliation risks of electronic data.

Mr. Shinn lectures extensively on electronic discovery, including presenting at the 2004 Ohio Judicial Conference, which was attended by more than a hundred judges. Additional lecture topics include trade secret protection and employment discrimination, hiring procedures, and sexual harassment.

12-25-2006

Hartweger - KCMBA
Peter K. Hartweger has been appointed Legal Advisor to the Kansas City Metropolitan Bar Association for 2007.

12-25-2006

Drapekin Elected to ACREL
Steven C. Drapekin, member of the Corporate department at Lewis, Rice & Fingersh, L.C., has been elected to membership in the American College of Real Estate Lawyers.

12-25-2006

CARR, DIGIOVANNI AND MILLER NAMED AS SUPER LAWYERS
William E. Carr, Peter M. DiGiovanni and Charles F. Miller, members of the Real Estate Department (Kansas City), have been named Top 100 Missouri & Kansas Super Lawyers 2006. Mr. Carr was further identified as a Top 50 Lawyer by that publication.

12-25-2006

MADSEN NAMED AS WORTH TOP 100 ATTORNEY
Matthew J. Madsen, a member of the Estate Planning department in Lewis, Rice & Fingersh’s St. Louis office, was named as one of Worth Magazine’s Top 100 attorneys in the country. The article appears in the December 2006 edition of Worth magazine.

12-25-2006

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